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  • Last Update : 02:57 am

High Court: Why arbitration on rape should not be banned?

  • Published at 09:23 pm October 21st, 2020
High Court-HC-court
File photo of the Supreme Court of Bangladesh, which houses the High Court and the Appellate Division Mehedi Hasan/Dhaka Tribune

Ain o Salish Kendra filed a writ petition with the High Court on Monday

The High Court has issued a rule asking the government why it should not ban the out-of-court arbitration on rape incidents.

The court also asked the police to take immediate action against the out-of-court arbitration on rape incidents across the country.

The High Court bench of Justice Md Mozibur Rahman Miah and Justice Mohi Uddin Shamim issued the rule on Wednesday after hearing a writ in this regard.

As per the court order, the Ministry of Law, Justice and Parliamentary Affairs have to submit a report before the bench about the implementation of the High Court's various earlier directives to prevent rape incidents.

Home and law ministries will also have to submit separate reports before the court on the number of rape cases filed in the last 10 years with all police stations across the country, and also the number of such cases that have been sent to court for trial.

Advocate ZI Khan Panna accompanied by Advocate Yadia Zaman, Barrister Aneek R Haque, and Advocate Shahinuzzaman Shahin stood for the writ.

Earlier on Monday, the rights group Ain o Salish Kendra (ASK) filed the writ petition with the High Court seeking its directives upon the government on taking legal action against out-of-court arbitrations centering on rape incidents.

Advocate Shahinuzzaman Shahin filed the writ on behalf of the organization with the High Court bench.

The secretaries of the ministries of law, home, social welfare, and woman and children affairs, the inspector general of police (IGP), and the registrar general of the Supreme Court have been made respondents of the writ.

The writ also seeks the High Court’s directives to relevant government offices on the implementation of the various High Court directives to prevent rape, including completion of trials of rape cases within 180 days as per existing law.

According to Sub-section 6 of Section 20 of the Women and Children Repression Prevention Act, the tribunal can conduct trial proceedings in a closed-door room (trial in camera), in consideration of any application or if the tribunal deems it appropriate.

Shahinuzzaman Shahin said that the writ also seeks the court’s directives on judges concerned regarding appropriate practice of Sub-section 6 of Section 20 of the law.

Earlier on October 13, Supreme Court lawyer Yadia Zaman issued a legal notice to the relevant government offices in this regard.

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